2010 November 24

Gobeil v. Smith, 2010 ONSC 64905

The Ontario Superior Court of Justice stayed a defamation action by two Ontario Provincial Police Officers over statements published by the defendant on two of his websites. The words complained of relate to the police investigation and charges laid against the defendant. At the date of this hearing, the defendant had been convicted on five counts charges and an appeal was still pending from his conviction on four. The Court dismissed the defendants motion to dismiss the action for want of prosecution or delay, noting that it was clear that in January 2007 the parties agreed that the lawsuit should proceed only after the criminal case was complete. The Court found that there was an overlap of the factual and legal issues between the civil and criminal proceedings, noting that the plaintiffs defamation claim is brought by two officers who investigated the defendant in relation to the alleged criminal activity which ultimately led to charges being laid against him.